The New York State Department of Environmental Conservation (NYSDEC) has issued two statewide General Permits for electric and natural gas utilities to conduct maintenance and repair activities including vegetation management in state-regulated freshwater wetlands, freshwater wetland adjacent areas, tidal wetland adjacent areas, protected streams, and navigable waters (jurisdictional areas). The Electric Utility Right of Way (ROW) Maintenance and Repair General Permit (GP-0-25-005) and the Natural Gas Utility Right of Way (ROW) Maintenance and Repair General Permit (GP-0-25-009) have an effective date of September 24, 2025, and an expiration date of September 23, 2030. GP-0-25-005 and GP-0-25-009 authorize the following activities on existing utility ROWs in jurisdictional areas: temporary access and work areas; routine maintenance and repair activities (as described further in each General Permit); mechanical vegetation removal; and the application of pesticides and surfactants
GP-0-25-005 and GP-0-25-009 will replace both the Utility Rights of Way Vegetation Management General Permit (GP-0-21-002) (PDF) and existing individual vegetation management permits that have previously been issued to utility companies that operate in New York State. These newly issued General Permits include more authorized activities for utilities to apply for coverage under and a provision for emergency actions. These new General Permits also incorporate uniform submission requirements, including more consistent reviews conducted out of NYSDEC’s Bureau of Energy Project Management located in Central Office in Albany in coordination with each of the NYSDEC regions, and the establishment of uniform permit requirements and conditions.
A copy of these General Permits, the respective Applications for Coverage under General Permit and DEC Authorization (Application Forms), and the detailed instructions are provided below:
Electric Utility ROW Maintenance and Repair GP
General Permit GP-0-25-005 (PDF)
Application Form GP-0-25-005 (PDF)
Application Instructions GP-0-25-005 (PDF)
Natural Gas Utility ROW Maintenance and Repair GP
General Permit GP-0-25-009 (PDF)
Application Form GP-0-25-009 (PDF)
Application Instructions GP-0-25-009 (PDF)
Authorization Procedures
Electric or natural gas utilities proposing to undertake an activity that is authorized by this General Permit must submit an Application Form to [email protected].
Work may only proceed after the Application Form has been countersigned by an authorized representative of NYSDEC, or the proposed activities may proceed without a response from NYSDEC if no communication to the contrary is received from NYSDEC, according to the following review times:
| Category | Review Time and Plan Approval |
| Category A | Proceed after 15 calendar days from NYSDEC’s receipt of the Application Form if no response from NYSDEC is received. |
| Category B | Proceed after 45 calendar days from NYSDEC’s receipt of the Application Form if no response from NYSDEC is received. |
| Category C | Emergency Actions may proceed immediately but require written notification to NYSDEC within 24 hours of commencing emergency actions. |
All projects are subject to NYSDEC’s review and determination regarding eligibility for coverage and whether the project meets the permit issuance standards contained in the applicable regulations for the jurisdictional resources. Projects that NYSDEC determines are ineligible for coverage or do not meet the permit issuance standards may not receive coverage under this General Permit.
If a project is ineligible for coverage under the General Permit or NYSDEC advises an Applicant that an individual permit is required, an individual NYSDEC permit must be obtained before work may be undertaken.
Coordination with the New York State Historic Preservation Office (NYSHPO)
The New York State Historic Preservation Office has determined the following maintenance and repair activities will have No Impact on archaeological and/or historic resources listed in or eligible for the New York State and National Registers of Historic Places:
- Activities conducted above ground and/or requiring no ground disturbance within areas of the utility ROW.
- Activities requiring ground disturbance in areas that would have been previously disturbed. The prior soil disturbance must be the same extent or greater (i.e., same horizontal and vertical distance or greater) than the ground disturbance that will be required for the proposed activity.
- Activities within areas that have been previously subjected to archaeological survey, meeting state and federal guidelines, do not contain historic properties, and the survey findings have been reviewed and accepted by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP)/NYSHPO.
A copy of these No Impact Letters are available below:
GP-0-25-005 NYSHPO No Impact Letter (PDF)
GP-0-25-009 NYSHPO No Impact Letter (PDF)
Public Comments
A public comment period for GP-0-25-005 and GP-0-25-009 was provided. In response to public comments received on the draft Electric Utility Right of Way Maintenance and Repair General Permit (GP-0-25-005) and draft Natural Gas Utility Right of Way Maintenance and Repair General Permit (GP-0-25-009), NYSDEC has prepared a Response to Comments provided below:
